Case 002/01

On 15 September 2010, Nuon Chea and Khieu Samphan (together with Ieng Sary and Ieng Thirith) were indicted on charges related to crimes against humanity, genocide and grave breaches of the Geneva Conventions of 1949 in what is referred as Case 002 before the ECCC. The charges against them are specified in the Closing Order of Case 002. As Ieng Thirith was found unfit to stand trial, and Ieng Sary died on 14 March 2013, the two remaining defendants in Case 002 are Khieu Samphan and Nuon Chea.

In September 2011, the Trial Chamber decided to separate (sever) the charges in the Case 002 Closing Order into a series of smaller trials. The first trial in Case 002, referred to as Case 002/01 commenced on 21 November 2011.The charges in Case 002/01 are focused on alleged crimes against humanity related to the forced movement of the population from Phnom Penh in April 1975 and later from other regions (phases one and two), and alleged execution of Khmer Republic soldiers at Toul Po Chrey execution site in Pursat immediately after the Khmer Rouge takeover in 1975

The initial severance decision by the Trial Chamber limited the scope of charges in Case 002/01 to alleged crimes against humanity related to the forced movement of people from Phnom Penh in April 1975, and the second phase of poulation movement in other regions starting from September 1975.

The hearing of evidence in Case 002/01 ended on 23 July 2013, and the closing statements concluded on 31 October 2013. The trial judgement was pronounced on 7 August 2014. Nuon Chea and Khieu Samphan were found guilty of crimes against humanity and sentenced to life imprisonment. Both accused have appealed their convictions, and appeals proceedings are ongoing.

Click here for day to day information (video, transcripts, etc.) of the trial in Case 002/01

 

 

Background on the severance of Case 002/01:

The initial severance decision by the Trial Chamber limited the scope of charges in Case 002/01 to alleged crimes against humanity related to the forced movement of people from Phnom Penh in April 1975, and the second phase of poulation movement in other regions starting from September 1975.

On 8 October 2012, the Trial Chamber partially rejected and partially granted a request from the Co-Prosecutors to expand the scope of charges in Case 002/01, and decided to include charges related to the alleged execution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975 in the scope of Case 002/01.

On 8 February 2013, in a decision on an appeal from the Co-Prosecutors against the scope of charges in Case 002/01, the Supreme Court Chamber anullled the previous decisions from the Trial Chamber limiting the scope of charges in Case 002/01. Following the Supreme Court Chambers decision, the Trial Chamber issueda new severance decision, re-affirming its previous decisions to limit the scope of charges in Case 002/01 to alleged crimes against humanity related to the forced movement of the population from Phnom Penh and later from other regions (phases one and two), and alleged execution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975. The Supreme Court Chamber subsequently rejected appeals seeking to expand the scope of charges, ordering that further charges be heard in a new Case 002/02.

Indicted Person

Related Contents

Witnesses, experts and Civil Parties who have appeared in Case 002. Click on photo for larger version.

Mr. Toit Thoeurn Mr. Toit Thoeurn
Mr. Sâm Sithy Mr. Sâm Sithy
Mr. Sao Po Mr. Sao Po
Mr. Stephen Heder Mr. Stephen Heder

Mr. Heder is an American scholar who was called to testify about the books he has authored and interviews he has conducted with the Accused and other cadres relevant to the regime of Democratic Kampuchea. He previously worked in the ECCC’s offices of the Co-Prosecutors and then of the Co-Investigating Judges. Since the Khmer Republic period in the early 1970s, he had worked as a journalist and researcher in Cambodia, and continued to cover Cambodia even after he left the country in April 1975. Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge.

MS. EK Hen MS. EK Hen

Ms Ek was a member of the Khmer Rouge military before being placed in mo-bile working units after the formation of Democratic Kampuchea. She answered questions about the disappearances of associates from her workplace, the de-nouncement of people as traitors and the presence of the accused at her worksites.

Transcript of hearing on the substance in Case 002 - 03 July 2013
Mr. SUM Alat Mr. SUM Alat

Mr. SUM was a Lon Nol soldier in Pursat province when Khmer Rouge seized nationwide control in April 1975. He was questioned related to the alleged executions at Tuol Po Chrey.

Transcript of hearing on the substance in Case 002 - 03 July 2013
Mr. LEV Lam Mr. LEV Lam

Mr. LEV Lam said he was a militia man in Kampong Tralach Leu district/ District 12 from 1972-1975.

Transcript of hearing on the substance in Case 002 - 02 July 2013
Mr. PECH Chim Mr. PECH Chim

Mr. PECH Chim told the Trial Chamber he joined the revolutionary movement in 1970 in District 105. He was a former ‘deputy of the district front’ in Takeo province, which included in its jurisdiction the administration of the security centre Krang Tachang. He answered on distinctions between ‘good’ and ‘bad’ people and the executions of the latter, the role of the accused at study sessions, and his observations whilst working at the security centre.

[Old version] Transcript of hearing on the substance in Case 002 - 01 July 2013
Mr. NOU Mao Mr. NOU Mao

Mr Nou, 78, worked in military and then as a commune official. He testified about the study sessions by senior KR leaders such as Chou Chet and Ta Mok, the treatment of Khmer Viet Minh, and the opinions of senior KR leaders regarding the evacuation of Phnom Penh six months prior to its occurrence.

Mr. LENG Chheoung Mr. LENG Chheoung

Mr. LENG Chheoung told the Trial Chamber that he joined the revolutionary movement in late 1973. Mr Leng, 56, worked as a driver for Khieu Samphan from mid-1978 until the Vietnamese invasion in 1979. He testified about the movements of Khieu Samphan during the last few months of the Democratic Kampuchea regime.

Transcript of hearing on the substance in Case 002 - 17 June 2013
Mr. SIM Hao Mr. SIM Hao

Mr. Sim HAOtold the Trial Chamber he joined the revolutionary movement as a soldier in 1972, an that he arrive in Phnom Penh in 1975 three days after the city had fallen.

Mr. TUN Soeun Mr. TUN Soeun

Mr. TUN Seoun is Khieu Samphan's son-in-law and he was questioned about the character of the Accused.

Transcript of hearing on the substance in Case 002 - 10 June 2013
Mrs. SO Socheat Mrs. SO Socheat

Mrs. SO Socheat is Khieu Samphan's wife.

Mr. SOK Roeur Mr. SOK Roeur

Mr. SOK told the Trial Chamber that he used to be Khieu Samphan's bodyguard. He was called to testify primarily about Khieu Samphan's character.

Transcript of hearing on the substance in Case 002 - 07 June 2013
Mr. Sydney Schanberg Mr. Sydney Schanberg

Mr. Schanberg is a former New York Times correspondent who was in Phnom Penh when the Khmer Rouge took control on 17 April 1975. He testified via video-link from New York.

Dr. CHHIM Sotheara Dr. CHHIM Sotheara

Dr. CHHIM Sotheara provided expert testimony about his mental health work with Khmer Rouge survivors.

Mrs. BAY Sophany Mrs. BAY Sophany

Mrs. BAY testified during the victims impact hearings about the harm she has suffered. She spoke about the suffering she and her family endured as a consequence of the evacuation of Phnom Penh. She described the death of all her three children as well as her experience working in cooperatives.

Transcript of hearing on the substance in Case 002 - 04 June 2013
Mr. SOEUN Sovandy Mr. SOEUN Sovandy

Mr. SOEUN testified during the victims impact hearings about the harm he has suffered. He detailed the hardships he faced after being evacuated from Phnom Penh, separated from his parents and put into a forced labour camp. He asked the accused persons why the Khmer Krom minority group were targeted, whether they were involved in the implementation of the regime policy, and whether they would have acted differently in hindsight

Transcript of hearing on the substance in Case 002 - 04 June 2013
Ms. SENG Sivutha Ms. SENG Sivutha

Ms. SENG testified during the victims impact hearings about the harm she has suffered. She described how she was treated working in the cooperatives after the evacua-tion of Phnom Penh, where she was beaten regularly and lost her eyesight. She questioned the accused as to why children were put to work and why they did not ensure enough food was available.

Transcript of hearing on the substance in Case 002 - 04 June 2013
Mr. NOU Hoan Mr. NOU Hoan

Mr. NOU Hoan testified during the victims impact hearings about the harm he has suffered. He sescribed the pain he has felt since his daughter, nephews and cousins were removed during the night and ‘smashed’ by Khmer Rouge soldiers more than 30 years ago.

Transcript of hearing on the substance in Case 002 - 30 May 2013
Ms. SOPHAN Sovany Ms. SOPHAN Sovany

Ms. SOPHAN Sovany testified during the victims impact hearings about the harm she has suffered. She described the misery resulting from her entire family being killed during Democratic Kampuchea. She recalled traumatic events such as wit-nessing the killing of a pregnant woman with a hoe.

Transcript of hearing on the substance in Case 002 - 30 May 2013
M. YIN Roum Doul M. YIN Roum Doul

Mr. YIN Roum Doul testified during the victims impact hearing about the harm he has suffered. He testi-fied about his experiences after being evacuated from Phnom Penh to a cooperative, where he was separated from his family and sent to a “children’s unit” where he was badly beaten, tortur

Transcript of hearing on the substance in Case 002 - 30 May 2013
Ms. PO Dina Ms. PO Dina

Ms. PO Dina testified during the victims impact hearings about the harm she has suffered. She told the Trial Chamber how her husband “disappeared,” son starved to death, and how she herself was beaten severely, imprisoned and tortured after refusing a forced marriage.

Transcript of hearing on the substance in Case 002 - 30 May 2013
Ms. THOUCH Phandara Ms. THOUCH Phandara

Ms. THOUCH Phandara testified during the victims impact hearings about the harm she has suffered. She spoke of the suffering she endured losing first her parents then the rest of her family and being placed into forced labour camps.

[old version] Transcript of hearing on the substance in Case 002 - 29 May 2013
Ms. CHAN Socheat Ms. CHAN Socheat

Ms. CHAN Socheat testified during the victims impact hearings about the harm she has suffered. She told the chamber how she lost every member of her immediate family, including 13 brothers and sisters to overwork and starvation.

[old version] Transcript of hearing on the substance in Case 002 - 29 May 2013
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